New Delhi: Social activist Teesta Stevlad's bail plea has been adjourned to 2pm on Friday (September 2) by the Supreme Court. The bail plea Monday came up for hearing before the bench comprising of the Chief Justice of India (CJI) UU Lalit, Justice S Ravindra Bhat and Justice Sudhanshu Dhulia.
Referring to the incarceration of the activist who has been in jail for the past two months, the bench wanted to know what material have been found in the past two months. The petitioner has already completed two months of custody and the prosecution has had its custodial interrogation as well.
The bench also wanted to know whether the prosecution was able to elicit anything out of the custodial interrogation. "The FIR appears to be nothing more of what had happened in the Court and is there any additional material apart from what was in Supreme Court judgement. Have you filed the chargesheet or the investigation is still on," the bench wondered.
Solicitor General Tushar Mehta who took exception to the submissions of Senior Advocate Kapil Sibal who was appearing for Teesta traversed into the maintainability of the Special Leave Petition (SLP) and sought that the petitioner should be treated like any other person as the matter is still pending before the High Court.
"It should be dealt there. Apex court must interfere only in such cases where there is a need," Tushar said supplementing his claim with a few earlier judgements of the Apex Court. "As per the law, the High Court should decide the matter. However, the petitioner has run to this court," he added.
Tushar submits that the Court will not be able to anyone if this present bail plea is entertained by the Supreme Court as it would set a precedent. "We will not be able to deny this remedy to anyone if this is entertained," Tushar said and added, "unless a similar question is pending before the court, this court doesn't entertain the SLP."
The CJI recalled the SG's submission that the Custodial interrogation is over. The CJI said: "You as a matter of principle accepted that the petitioner could have approached this court. So that is not ruled out. if a matter comes like this before HC. The HC issues notice and returns it for September 19. In a bail matter? Six weeks a bail matter is returnable? This is how the HC deals with bail?"
Teesta Setalvad had been arrested by the Gujarat Police for allegedly fabricating evidence to frame "innocent people" in the 2002 Gujarat riots cases.
